Voluntary Manslaughter

Question 1

Key elements of Loss of control

Answer 1

• set out S.54 of the Coroners and Justice Act 2009 - partial defence to murder
  lose self control?
• Was the loss of control attributable to a qualifying Trigger? s.55
• ” Normal person Test”
• will the defence succeed?

Question 2

what is loss of control?

Answer 2

• Partial defence to Murder
• S.54 Coroners and Justice Act 2009
• Burden of proof on the prosecution to prove beyond reasonable doubt that loss of control does not apply

Question 3

Did D lose self-control?

Answer 3

• loss of ability to act in accordance with considered judgment/loss of normal powers of reasoning? - Jewell
• Loss of control needs not be sudden s.54(2)
• Must not be out of a desire for revenge s.54(4)
• must not be self-induced - Dawes

Question 4

Was the loss of self-control attributable to a Qualifying trigger?

Answer 4

• s.55
• Fear = s.55(3)
• Fear of serious violence against D or another identified person - Ward (against another)
• • Anger* = s.55(4)
• Things said/done are of an extremely grave character giving a justified sense of being seriously wronged - Zebedee (neither satisfied) , Hatter ( relationship break up will not constitute circumstances of grave character)
• Sexual infidelity is excluded - Clinton

Question 5

“Normal Person” test

Answer 5

• a person with D’s sex and age
• with a normal degree of tolerance and self-constraint
• in the circumstances of D
  -Not those whose only relevance to D’s conduct is that they bear on D’s general capacity for D’s tolerance or self-restraint (Rejmanski - Mental illness no) (Asmelash - voluntary intoxication doesn’t count) (Clinton - sexual infidelity does count)
• Might have reacted the same way as d - (Christian (yes)) (Van Dongen (no))